Sudbury

'You definitely can't arrest your way out of this': northeastern Ontario police not rushing to use new powers

Police forces in northeastern Ontario say they are not rushing to use new powers given to them under the province’s Safer Municipalities Act to clear out homeless encampments and tackle open drug use on public property.

The Safer Municipalities Act gives police the power to more easily clear encampments on public property

A group of tents are set up on a grassy area in front of pine trees.
Ontario's Bill 6, the Safer Municipalities Act, gives police the power to more easily clear encampments on public property by issuing fines and arrests for trespassing and public drug use. Police in northeastern Ontario say they only plan to use the extra enforcement if necessary. (Jonathan Migneault/CBC)

While many police forces in southern Ontario cities, including in Toronto, have already started using enhanced powers given to them by the province to clear homeless encampments, police in northeastern Ontario cities say they are taking more of a "wait and see approach."

Last week, the Ontario legislature passed Bill 6, the Safer Municipalities Act, which gives police the power to more easily clear encampments on public property by issuing fines, as well as arresting people for trespassing and public drug use.

The City of North Bay already has bylaws in place that forbid homeless encampments and open drug use on city-owned property.

Municipal bylaw officers work with outreach workers to ask people to leave and assist them in finding other accommodations. When that doesn't work, North Bay police are called in to help. 

Acting Deputy Police Chief Jeff Warner said the passing of Bill 6 gives police another tool to help deal with drug use and encampments, but he doesn't think it's something his officers will be using very often.

"I don't think a lot's going to change with the new act," said Warner. 

"It is there if we need to use it, but the way things have been going lately over the past year or two with our partners, I don't see us having to lean toward the new legislation very often."

The side of a North Bay Police car painted red, white and blue
The City of North Bay has bylaws in place that forbid homeless encampments and open drug use on city-owned public property. North Bay police says it will continue helping bylaw officers and outreach workers when dealing with encampments, and only use Bill 6 if necessary. (Erik White/CBC)

Under the new law, people who don't comply with previous directions from police officers and are found to be re-offending when it comes to setting up encampments or using drugs can be fined or arrested.

Warner said he doesn't believe those penalties will deter people from breaking the law. 

"A lot of these people really need, you know, medical help, mental health help, support for drug addiction, that kind of stuff," said Warner. 

"So with those supports in the community, I think that's sort of the only way to combat it. You definitely can't arrest and charge your way out of this."

A pile of garbage including discarded needles and paper is seen on a sidewalk.
Police services in North Bay and Greater Sudbury both say they will continue to work with local outreach programs when enforcing policies around drug use in public, before turning to additional enforcement. (Casey Stranges/CBC)

Greater Sudbury police and Timmins police — which like North Bay work with community partners and bylaw officers to help people living on the streets— are taking a similar approach. 

"Our partnerships are built on a shared understanding that enforcement alone cannot resolve the root causes of vulnerability in our community," said Greater Sudbury Police spokesperson Kaitlyn Dunn in a statement to CBC News.

When asked if Sudbury police would consider utilizing the new powers, Dunn said there would need to be an elevated risk to public safety.

"We will continue to explore and invest in multi-sector solutions that address the systemic issues underlying many calls for service while balancing enforcement options in situations where there is an elevated risk to public safety."

Timmins Police spokesperson Michelle St. Louis said in a statement that officers are encouraged to take a balanced approach when working with the "marginalized community."

"If the situation calls for it, this legislation in conjunction with other rules, regulations, bylaws and legislation including the Criminal Code and Provincial statutes may be considered."

ABOUT THE AUTHOR

Erika Chorostil is a reporter/editor with CBC News in Sudbury. She covers news throughout northeastern Ontario. For story ideas or news tips, email erika.chorostil@cbc.ca.